COURT OF INSTRUCTION 21, Madrid

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Feliz Navidad.

COURT OF INSTRUCTION 21

MADRID

D / Previas 2663/84

DECREE OF THE COMMENCEMENT OF ORAL TRIAL

In Madrid on the twelfth of December of nineteen hundred and ninety four.

PARTICULARS

FIRST. - On January 18^th of 1993 the decree resolving compliance with the procedure enjoined in Chapter II of Title III of Volume IV of the Law of Criminal Prosecution, the fourth of the resolutions listed in section V of article 789, and in accordance with the first paragraph of section 1 of article 790 of the aforementioned Law, in said resolution it was so disposed to effect the transfer provided for in said legal precept.

SECOND. - Upon having executed the accorded transfer, the District Attorney's Office and the accusations represented by the Procurer Don Evencio Conde de Gregorio and Do$a Remedios Yolanda Luna Sierra, they have presented, in time and form, legal briefs soliciting the opening of the oral trial before the Illustrious Provincial Audience of Madrid and formulating a writ of accusation.

JUDICAL FOUNDATION

FIRST. - Exhibiting, in principle and without prejudgment, the qualities of the felonies of illicit association, threats, coercion, usurpation of functions, false accusation, simulation of a felony, illegal arrest, crimes against the Tax Administration, crimes against freedom and safety in the workplace, intrusion, crimes against public health, injuries, damages, abuse, slander and inducement to suicide, the particulars which have been the object of the present lawsuit and sufficient incriminating elements having been made manifest from the actions which have been carried out to attribute these to Heber Jentzch, Arturo Reguera Ardanza, Maria del Carmen Munoz Rosal, Santiago Vadillo Aceves, Ma. Victory de Blas Arribas, Enrique Coll Llopis, Valentin Fernandez-Tubau Rodes, Virgilio Castellanos Saiz, Carlos Aliaga Aznar, Manuel Ruiz Serrano, Enrique Ayuso Ferrer, Ma. Antonia Navarro Castillo, Ma. Monserrat Aguilera Martin, Alfonso Marin Rodriguez, Ma. Luis Pere Aguilar, Ma. Belen Martin Garcia, Jose Manuel Villarejo Perez, Judith Francos Abancos, Humberto Fontana, Finn Gerald Thomas and Harold Claude Roussart, - who have been accused, and the commencement of the oral trial having been requested, it proceeds to decree the commencement of said oral trial, summoning the accused so that they may defend themselves in the form legally contemplated, and adopting at the same time the precautionary measures necessary to insure the outcome of the trial.

SECOND. - Pursuant to article 790,6, fourth paragraph, in relation with article 14, third and fourth, of the Law of Criminal Prosecution, and the petitions of the District Attorney's Office and of the private accusations having been examined, the Illusterous Provincial Audience of Madrid (Section No.4) must be indicated as the competent agency for the prosecution and resolution of this lawsuit.

THIRD. - Pursuant to the penalties solicited in said writs of accusation, as well as the quantity of civil liabilities, it is proper to adopt the precautionary measures in the terms which will be expressed in the stipulations section of this resolution.

FOURTH. - Although the commencement of the oral trial has been solicited,

formulating the accusation against a specific person or persons, the first

paragraph of section 6 of article 790 of the Law of Criminal Prosecution

empowers to the Judge of Instruction to decree the dismissal of the lawsuit

when he consider there is concurrence with what is contemplated in number 2 of

article 637 of this Law or that there does not exist rational indications of

criminality against the accused and so it occurs with respect to the accused

by the private accusation represented by the Procurer Don Evencio Conde de

Gregorio, Kurt Weiland, Per Ake Gardstrom, William Knight and Peter Warren and

so from a given examination of the proceedings which have been practiced it

appears that there does not exist rational indications of criminality against

said accused with respect to the felonies that are imputed by said private

accusation, since at no time, throughout this long delayed proceeding were

their declarations heard in the investigation phase, in quality of imputed,

ither were they informed of the imputation directed against them, nor of their legally established rights which would assist them and therefore have not, during the investigation phase, had the possibility of making whatever allegations that they might have considered appropriate in their defense in the instruction phase, nor the execution of whatever procedures which they might have judged relevant towards the same end, consequently, not having acquired previously the condition of being charged, and not being recognized such fell accusations in our judicial ordinance, the participation of these accused persons in the commission of the crimes which said private accusation imputes to them not ensuing either from the documental evidence or from the balance of from the formal actions practiced, whereby, in accordance with what is disposed in article 641, 2' of the Law of Criminal Prosecution, the provisional abatement of the lawsuit with respect to the accused Kurt Weiland, Per Ake Gardstrom, William Knight and Peter Warren.

FIFTH. - Upon stipulating in this decree the rulings enjoined by the mentioned legal procedures, at the same time it must be specified according to what has been stipulated about the sequence of the proceedings in article 791 of the Law of Criminal Prosecution.

In attention to that which has been set forth,

I HEREBY ORDER:

1^ST. - To decree the commencement of the oral trial and to consider this criminal lawsuit to be founded on the felonies of illicit association, threats, coercion, usurpation of functions, false accusation, simulation of a felony, illegal arrest, crimes against the Tax Administration, crimes against freedom and safety in the workplace, intrusion, crimes against the public health, injuries, damages, abuse, slander and inducement to suicide, against HEBER JENTSZCH, ARTURO REGUERA ARDANZA, MARIA DEL CARMEN MU%OZ ROSAL, SANTIAGO VADILLO ACEVES, MARIA VICTORY DE BLAS ARRIBAS, ENRIQUE COLL LLOPIS, VALENTIN FERNANDEZ-TUBAU RODES, VIRGILIO CASTELLANOS SAIZ, CARLOS ALIAGA AZNAR, MANUEL RUIZ SERRANO, ENRIQUE AYUSO FERRER, MARIA ANTONIA NAVARRO CASTILLO, MARIA MONSERRAT AGUILERA MARTIN, ALFONSO MARIN RODRIGUEZ, MARIA LUIS PEREZ AGUILAR, MARIA BELEN MARTIN GARCIA, JOSE MANUEL VILLAREJO PEREZ, JUDITH FRANCOS ABANCOS, HUMBERTO FONTANA, FINN GERALD THOMAS, and HAROLD CLAUDE ROUSSART.

2^ND. - The following precautionary measures are hereby ordered.

a). - To decree the provisional release of the accused.

b). - It is decreed, as a civil accountability, the sum of one hundred

sixty million eight hundred forty one thousand two hundred seventy one pesetas

(160.841.271), to guarantee the financial responsibilities that could be

declared pertinent. Require of Heber Jentzch, Arturo Reguera Ardanza, Maria

del Carmen Mu$oz Rosal, Santiago Vadillo Aceves, Maria Victory de Blas

Arribas, Enrique

Coll Llopis, Valentin Fernandez-Tubau Rodes, Virgilio Castellanos Saiz,

Carlos Aliaga Aznar, Manuel Ruiz Serrano, Enrique Ayuso Ferrer, Maria Antonia

Castillo, Maria Monserrat Aguilera Martin, Alfonso Marin Rodriguez, Maria Luis

Perez Aguilar, Maria Belen Martin Garcia, Jose Manuel Villarejo Perez, Judith

Francos Abancos, Humberto Fontana, Finn Gerald Thomas, and Harold Claude

Roussart so

that within the period of one audience and in solidarity they present this

amount, with the admonition of the fact that if they do not deliver it within

the stipulated period, that the court will proceed to seize assets of their

property in sufficient proportion to cover it. Compose a separate legal action

civil responsibility with the documentation of it concerning this specific.

The Illustrious Provincial Audience of Madrid (fourth section) is appointed as the judicially competent agency for the hearing and the verdict of the present lawsuit.

Subpoena the accused with delivery of the copies of the writs of accusation so that in the period of three days they may appoint Attorney and Procurer to defend and represent them; and if this is not done, name them at the state's expense and once satisfied this action, transfer to them a copy of the proceedings in photocopy so that within the period of 60 days they may present their writs of defense in opposition to the formulated accusations.

3^rd. - To deny the opening of oral trial solicited by the private accusation represented by the Procurer Sr. Conde de Gregorio against Kurt Weiland, Per Ake Gardstrom, William Knight and Peter Warren and decree with respect to the same the provisional abatement of the present lawsuit.

There is no appeal permitted in opposition to the section of the decree

commencement of the oral trial, except in what is related to the personal situation of the accused. An appellate recourse in opposition to the section of the decree which denies the opening of the oral trial may be formulated within the period of five days.

Thusly do I decree and sign D& Maria Paz Redondo Gil, Magistrate Judge of the Tribunal of Instruction 21 of Madrid.

• John Paul Caban, Written 25-Dec-1994 @ 01:28:31